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Hyderabad: Holding a private hospital, its founder-chairman and a consultant gastroenterologist guilty of medical negligence during a polypectomy surgery conducted on a patient, the District Consumer Disputes Redressal Commission I, Hyderabad, directed them to pay Rs 6.6 lakh compensation.It was observed that the surgical procedure, which was conducted back in 2022, caused life-threatening complications to the patient. Apart from the compensation, the Consumer Commission has also directed them to pay Rs 50,000 as legal expenses."In the result, the complaint is allowed in part and the Opposite Parties No.1,2 & 3 are jointly and severally held liable and are directed i) To pay Rs.5,66,100/- (Rupees Five Lakhs Sixty Six Thousand only) towards the medical expenses incurred for the two corrective surgeries as mentioned above; ii) To pay Rs.1,00,000/- towards incidental expenses and compensation for the mental agony and suffering; iii) To pay Rs.50,000/- towards legal expenses," ordered the Commission."This order shall be complied with by the Opposite Partes No.1, 2 & 3 within 45 days from the date of receipt of the Order, failing which the above-mentioned amount @ S.No. (i) shall carry interest @9% per annum from the date of this order till the date of actual payment," read the order.Case Background: The history of the case goes back to 2022 when the patient/complainant, a 49-years-old man, working in construction business consulted Dr. Kumar, the Chairman and Managing Director of Ananya Gastroenterology Hospital, with complaints of gastric and digestion related problems, and after various prescribed diagnostic tests including Endo profile, RFT, the treating doctor diagnostic it as Colonic Polyp (abnormal growth of tissue) in the large intestine and recommended Colonoscopy + Polypectomy under General Anaesthesia, and accordingly, the complainant underwent Polypectomy, which was conducted by Dr. Srinivasulu, the Consultant Gastroenterologist.It was alleged that Dr. Srinivasulu neither examined him nor was aware of his medical history nor interacted with him before the surgery. Further, the complainant was allegedly not aware of the fact that another doctor would be conducting the surgery. After the polypectomy, the complainant was discharged from the hospital on the same day, stating that the surgery was successful. However, the complainant reportedly developed severe pain in the abdomen, vomiting, and fever immediately after discharge from the hospital and had to rush to the hospital the next day. When Dr. Kumar attended and examined the patient, on further investigation, it was diagnosed as 'Caecal perforation and peritonitis' and the patient was referred to Dr. Rao in AIG Hospitals. After getting admitted to the second hospital, the complainant was immediately shifted to ICCU and Dr. Rao and his team treated the complainant with antibiotics and painkillers and informed the complainant and his family members that caecal perforation was formed in his large intestine causing infection due to a small hole done by piercing during the procedure at the first hospital and a corrective surgery was to be done as soon as possible.Accordingly, a surgery involving IC resection and Ileostomy was performed, wherein the diseased section of the intestine was removed and rejoined, and a stoma bag was attached for waste collection.The complainant was discharged from the second hospital after 6 days of the second corrective surgery, and the stoma bag, which was inserted after the second surgery, had to be replaced periodically and the complainant suffered from consequential infections and pain for three months and had to undergo another surgery to join the healed healthy intestines ends and permanently remove the stoma bag.Therefore, the complainant alleged that due to the negligence/deficiency of service on the part of the treating doctors at the first hospital, while undergoing the procedure, the complainant had to undergo two corrective surgeries at the second hospital causing him immense pain and suffering and loss of income due to hospitalization and house arrest due to post operative complications with a stoma bag inserted for waste collection for three months after the procedure done at the first hospital.Furthermore, the complainant stated that due to additional expenses and financial burden, he had to borrow money from friends and relatives for treatment. Aggrieved by this, the complainant filed a consumer complaint seeking compensation.On the other hand, the treating doctors and hospital denied the allegations of medical negligence and submitted that the 'colonoscopy and polypectomy' was performed under General Anaesthesia after taking the complainant's consent and both the complainant and his daughter were informed about the risk of complications (abdominal pain, bleeding, perforation) associated with the procedure. The patient was discharged on the same day in a haemodynamically stable condition.It was also submitted...
